Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...

AFFIRMED
Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil... More...

David Mouser ("Mouser") and Donald Green ("Green") (together "plaintiffs")
appeal from a final order entered in the United States District Court for the Eastern District of Missouri2 granting judgment as a matter of law ("JAML") in favor of
Caterpillar, Inc. ("defendant"), on plaintiffs' claims stemming from an industrial
accident and conditionally granting defendant's motion for a new trial... More...

District court erred in giving standard breach of contract instruction rather than a breach of bailment contract instruction, as the instruction was ambiguous on burden of proof and did not adequately explain the proper standard of care; district court erred in permitting hydrologist to offer testimony as to whether defendant's actions met the required standard of care for warehousemen; court did ... More...